Thank you for asking us to assist you in reviewing your options, including possible bankruptcy for your company. The following questions will assist us in giving you advice such as whether bankruptcy is appropriate, the best time for filing and what danger points you need to be aware of. No one can guarantee a flawless legal process, but these documents get us a close to that goal as possible. Please take your time to complete as much as possible. Make sure to note any questions that are confusing.
Please understand that just because you fill out this information and forwarded it to our office you have not committed to filing for bankruptcy protection. Nor, have we committed to representing you in a bankruptcy. There are occasions when the best course is for someone to wait for some period before filing, if a bankruptcy is ever filed; or taking another route. We will discuss any alternatives that may apply to your situation at our first meeting.
Once this form is completed please forward to our office (by mail, e-mail or fax). Put a note on the cover page with directions – when is the best time to call you to discuss your options. Normally, this will be approximately a 20 minute phone interview. Most likely you will have some questions. I suggest that you write them down so that you are prepared for our phone discussion. There is no fee for this initial discussion. Nor, is there any requirement that either party continue with any future representation. No further services will be rendered by our office, unless you request them and you sign a retainer agreement.
Our job is to help you understand the bankruptcy laws and prepare for the process. In doing so we help relieve you deal with issues related to company debts by way of a liquidation of the company. It is important that you inform us of any debts that you have personally guaranteed. Normally those debts will still remain your obligation after your company has filed for a chapter 7 liquidation.
We look forward to hearing from you. F YOU ARE E-MAILING PLEASE SEND TO JAY@DIANEDRAIN.COM; IF YOU INTEND ON FAXING, THEN PLEASE TYPE OR USE ONLY BLACK PEN.
GENERAL INFORMATION
__ Yes ___No Has your company ever filed bankruptcy before? If yes, list year, state and case number. _____________ (This includes any case which may have been filed, but not completed – no discharge entered.) __ Yes ___No Does your company own any property that has been part of a bankruptcy in the last 2 years? ___________ __ Yes ___No Have you ever filed bankruptcy before? If yes, list year, state and case number. _____________ __ Yes ___No Are you going to need to file for bankruptcy also? If so, explain _____________ ________________________________________________________________________
Who
referred you to our office?
__________________________________
What do you expect bankruptcy to do for your company:
_________________________________________________________________________
PLEASE ANSWER THE FOLLOWING QUESTIONS:
__
Yes ___No Is there a foreclosure or trustee's sale
pending? The following are general questions to determine the current situation. __ Yes __ No Is there an emergency requiring immediate filing? If so, why?
___________________________________________________ __________________________________________________________________ __ Yes __ No Garnishment of wages or checking account? If so, what and
how much: ____________________________________________ If so, please explain: _____________________________________________________ __ Yes __No Is a landlord trying to evict from the property? If so, has a Forcible Entry & Detainer Order been obtained by your landlord? When? _______________ __ Yes __ No Other problems? Explain __________________________________________________ __ Yes __ No If married, did your spouse sign any of the company debts? If so, explain
__________________________________________________________________ There are certain issues that determine whether or not it is appropriate to file now. Check if any apply to your circumstances.
__ Yes __ No Does the company have any money owed to it? How much? ___________
If so, when and
how much.
______________________________________________ If so, when and how much. ______________________________________________ __ Yes __ No Even if the company never expects to collect, does anyone owe it money for any reason whatsoever? If so, when and how much. _______________________________________________ __ Yes __ No Does the company have a right to sue anyone for anything? If so, explain
___________________________________________________________ __ Yes __ No Did the company use a credit card to pay taxes within the last year before filing? If so, when and how much. __________________________________________ __ Yes __ No Does the company owe the IRS and State taxes for employee withholding? __ Yes __ No Does the company owe any sales taxes/transaction privilege taxes? __ Yes __ No Does the company owe any other type of taxes? If so, what type and how much? _________________________________ __ Yes __ No Did the company put any charges/cash advances of more than $250 put on a credit card in the last 3 months? If so, what card
and for what purchase?
_____________________________________ __ Yes __ No Did the company bounce any checks? If so, explain ____________________________________________________________
__ Yes __ No Are there any judgments or threatened actions against the company for destruction of property or for injury inflicted? If so, explain: __________________________________________________________ __ Yes __ No Do you understand that any debts from obtaining money, property, or services by fraud may survive the bankruptcy? If so, explain
__________________________________________________________ __ Yes __ No Does the company owe any fines or penalties? (e.g.: court fines, or tickets) If so, describe ________________________________________________________ __ Yes __ No Does the company have any stocks, bonds (including savings bonds) or mutual funds? If so, describe ________________________________________________________ __ Yes __ No Does the company owe any money to any officer, director or shareholder? If so, describe _________________________________________________________ __ Yes __ No Has the
company paid any money or transferred any assets to any
officer, director or shareholder in the last year?
If so, describe
______________________________________________________________ LAND AND VEHICLES
__ Yes __ No Does the company own any land? If so, describe: ______________________ Fair market value $_________, Total amount owed: $________ __ Yes __ No Are the mortgage payments to the lender(s) current? If not, when was a last payment made?_____________________ __ Yes __ No Is there a pending foreclosure or trustee’s sale? If so, what is the date and time of foreclosure: _____________________________________________ If there is a
sale, then provide copies of trustee sale documents and make
sure that the trustee's name is listed below as a creditor.
It is your responsibility to confirm this date and to keep
track of the date at all times; including the entire pendency
of the bankruptcy. This office will not monitor it for you.
We will help to answer questions that you may have.
__ Yes __ No Does the company own other real estate, (e.g. time shares, land, etc)? Describe: ______________________ Fair market value $_________, Debt owed $ ______ Describe: ______________________ Fair market value $_________, Debt owed $ ______ Describe: ______________________ Fair market value $_________, Debt owed $ ______
__ Yes __ No Does the company own any vehicles? If so, list all cars. Fair market value: www.kbb.com (private party value). I cannot give you good advice without the fair market value. Describe: __________________ Fair market value $______, Debt owed $ ______ Date Purchased ______ Name on title _____________ Describe: __________________ Fair market value $______, Debt owed $ ______ Date Purchased ______ Name on title _____________ Describe: __________________ Fair market value $______, Debt owed $ ______ Date Purchased ______ Name on title _____________ Describe: __________________ Fair market value $______, Debt owed $ ______ Date Purchased ______ Name on title _____________ (no redemption in 13 if purchased in last 2 1/2 years) __ Yes __ No Does the company refinance any of these vehicles after they were originally purchased? __ Yes __ No Does the company have any leases on anything (cars, equipment, land)? If so, explain
_____________________________________________________________________________
INCOME AND TAXES What is the total amount of the company gross
income (before taxes/insurance) this year?
$___________ What is the total amount of the company gross income (before taxes/insurance) two years ago? $___________ __ Yes __ No Does the company have any income from rentals? If so, what is the monthly net, after paying mortgage or other liens? $________ __ Yes __ No Has the
company used a third party to prepare tax returns, bank
statements or handle the books? If so, describe
_______________________________________________ __ Yes __ No Has the company filed all required income tax returns, both federal and state? IF NOT THOSE RETURNS MUST COMPLETED BEFORE YOUR BANKRUPTCY DOCUMENTS CAN BE COMPLETED, UNLESS THERE IS A REAL EMERGENCY. If not, explain
__________________________________________________________ If so, explain
what type of debt, year due, when was return filed,
etc.__________________________________________________________________ If so,
explain what type of debt, year due, when was return
filed.___________________________________________________________________
BUSINESSES __ Yes __ No Does the company own any businesses? If so describe:
What would a third party pay for the
business: _____________________ __ Yes __ No What
percentage do you own in the company? ______________
THIS DOCUMENT IS INTENDED ONLY FOR USE OF POTENTIAL CLIENTS OF OUR FIRM. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
